Comment by Cardinal Cormac Murphy-O'Connor on the result of the HFE vote on abortion (20 May)
Many people of all faiths and none will have been very disappointed by the result of last night’s votes on the abortion time limit. But this issue will not go away. Whilst the law affects attitudes, it does not in itself compel anyone to have an abortion. Even without a change in the law there is much we can all do to change the situation. There are many people on all sides of this debate who agree that 200,000 abortions a year is far too many, and abortion on this scale can only be a source of profound sadness and distress to us all. Abortion is not only a personal choice. It is also about the choices our society makes to support women, their partners and families who face difficult decisions. For the sake of our common humanity, and the lives at stake, we must work to foster a new understanding and approach to relationships, responsibility and mutual support. Even without a change in the law we can and should work together at least to make abortion much rarer. CLICK HERE FOR MORE
Statement by Dr.Steve Brennan.MBBS.MRCS.FRCP. Master of Guild of Catholic Doctors.UK, BMJ Feb 2007.
‘Abortion is often described as the lesser of two evils, when, in fact, it is nearly always the greater of 2 evils. Future generations will look back at the 20th century Holocausts, and the medical profession will be castigated for its actions in Germany with the Handicapped & Jewish Holocaust, and in the UK with Abortion. Leaving behind the Hippocratic Tradition is destroying our profession.’
WRITTEN REPONSE OF THE ASSOCIATION OF CATHOLIC NURSES ENGLAND AND WALES TO THE ROYAL COLLEGE OF NURSING ON THEIR STATEMENT TO THE HOUSE OF COMMONS SCIENCE AND TECHNOLOGY INQUIRY 2006/07 INTO THE ABORTION ACT 1967.
NOVEMBER 2007
To The Royal College of Nursing Ethics Committee
The Association of Catholic Nurses upholds traditional Catholic Church teaching of the sanctity of and the social duty and moral responsibility of all mankind to protect the dignity of all human life particularly when it is weakest and most vulnerable . The most fundamental principles of medical and nursing practice ,beneficence ,to do good and non-maleficence ,to do no harm are known to have been inscribed into codes of professional practice since the time of the Hippocratic Oath around 420BC. The House of Commons Science and Technology recognizes that scientific developments within medicine can 'alter the balance of opinion on ethical and moral issues' (2007,p.3) but has chosen to review only medical ,scientific and other current research in its inquiry into the Abortion Act 1967 forty years after its legalization in the UK. We do not believe such discussion can be divorced from moral and ethical debate.
As nurses we believe our knowledge , skills and expertise should be employed to protect life not to deliberately take life. Article 2 of the Human Rights Act 1998 states 'Everyone's right to life shall be protected by law'. Nurses working in child protection will be particularly aware that maternal health damaging practices during pregnancy that may affect the life of an unborn child are treated as serious in the child protection arena and can result in registration of an unborn child to protect its rights after birth. Under the same legal system within the UK 193,700 terminations of pregnancies were carried out in the UK in 2006. 9.5% of these abortions were performed during the second trimester between 13 weeks and 20 weeks and 1.5% of the terminations were performed after 20 weeks. 1% of abortions were performed on grounds of foetal abnormality and 149 were performed where there was grave danger to the life of the mother if the pregnancy continued. In many European countries such as France, Germany Holland and Italy except in cases of severe foetal abnormality abortion is illegal after 13 weeks. Research in the UK indicates 68% of the UK population and 72% women feel the upper limit of 24 weeks gestation (up to full term for a child with an abnormality) for abortion should be changed and support a legal reduction of the upper limit for abortion to 13 weeks in this country.
Most medical sources agree that dangers of abortion increase to the mother the longer the pregnancy has progressed beyond the first trimester and that there is increased risk of miscarriage or pre-term delivery in subsequent pregnancies. There is also increased possibility that the foetus will experience pain and distress during the surgical process of a second trimester termination. The pregnant uterus has moved higher into the abdominal cavity so that the foetus can have more room to grow as flutters begin to be felt and heartbeats heard.. Whilst some scientific theories argue that development of neural pathways sufficient for foetal sentience or sensitivity to pain does not exist until around 26 weeks the Medical Research Council written evidence (2007) states they have found �found that there was little direct evidence of the gestational age at which fetuses might feel pain; this would be dependent, inter alia, on the development of the central nervous system. There was no definable stage of fetal life when one set of neurons connected to another. The nervous system matured over many pre- and post-natal months to produce complete pain awareness. The Group concluded that there was still a great need for research into many areas of fetal pain. Invasive procedures such as amniocentesis and more accurate details of foetal growth, development and expressions through 3D and 4D ultra sound scans suggest a foetus can show signs of pain and distress long before 26 weeks. The expectation of trained nurses to handle surgical abortions matched by a continued lack of funding and reduction of essential resources for ordinary everyday work practice situations that often affects nurses more than medical practitioners must create the possibility of unreasonable expectations and grave risk to professional nurse and the patient.
Although the Abortion Act (1967) clearly states 'no person shall be under any duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment authorised by this Act to which he has a conscientious objection' and the Department of Health written evidence (2007) to the Scientific and Technology Committee states 'Their conscientious objection should not be detrimental to their careers and appointments' the active promotion of abortion by medical and nursing professional organizations does in fact create a double effect of discrimination that affects non abortion beliefs and choices both of patients and professional nurses and doctors in work practice situations.
As an organization of Catholic Nurses we are saddened and concerned that the Royal College of Nursing ,which as an organization represents the legal interests of a large proportion of nurses in the UK, has chosen in its own written evidence (2007) to the Committee to seek to expand nurse involvement in the provision of existing abortion services and not to consider any support for a reduction of the upper time limit which would seem to be more reflective of the wishes of the general population.
Department of Health (2007) Written Evidence to The House of CommonsScience and Technology Committee Inquiry into the Abortion Act 1967
HMSO (1967) Abortion Act ,London,HMSO
HMSO (1998) Human Rights Act ,London,HMSO
House of Commons (2007) Scientific Developments Relating to the Abortion Act 1967,The Science and Technology Committee,House of Commons, London, TSO
Medical Research Council (2007) Written Evidence to The House of Commons Science and Technology Committee Inquiry into the Abortion Act 1967
Royal College of Nursing (2007) Written Evidence to The House of Commons Science and Technology Committee Inquiry into the Abortion Act 1967
Comments are invited from Catholic and non Catholic nurses .
Grounds for abortion (a)that the pregnancy has not exceeded its twenty-fourth week and that the continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman or any existing children of her family; or (b) that the termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman; or (c) that the continuance of the pregnancy would involve risk to the life of the pregnant woman, greater than if the pregnancy were terminated; or (d) that there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.” There is no upper time limit in some extreme situations involvingrisk to the life of the mother orgrave permanent injury to the mother or risk of serious foetal handicap particularly where the baby will not survive beyond birth
Conscientious objection to participation in treatment.
� (1) Subject to subsection (2) of this section, no person shall be under any duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment authorised by this Act to which he has a conscientious objection:
Provided that in any legal proceedings the burden of proof of conscientious objection shall rest on the person claiming to rely on it.
(2) Nothing in subsection (1) of this section shall affect any duty to participate in treatment which is necessary to save the life or to prevent grave permanent injury to the physical or mental health of a pregnant woman.
DEPARTMENT OF HEALTH WRITTEN EVIDENCE TO THE HOUSE OF COMMONS SCIENCE AND TECHNOLOGY COMMITTEE FOR THE 12TH REPORT 2007 ON THE ABORTION ACT 1967
CURRENT LEGAL POSITION 2007
'6. The Offences Against the Person Act 1861 (only applies in England and Wales) makes it an offence to intentionally procure a miscarriage, including for a woman to procure her own miscarriage.
7. The Infant Life (Preservation) Act 1929 (again only applies in England and Wales) makes it an offence to intentionally kill a child, capable of being born alive, before it has a life independent of its mother. It is a defence to show that the death was caused in good faith for the purpose only of preserving the life of the mother. The Act stipulates that if a woman has been pregnant for 28 weeks that shall be proof that the child was capable of being born alive. But, if medical evidence is that the foetus would be capable of being born alive, then destroying the foetus could still be an offence under the 1929 Act, regardless of the age of the
foetus. The Act says 28 weeks is the age above which there is prime facie proof that the child was capable of being born alive and therefore no further medical evidence on the issue would be needed.
8. The Abortion Act 1967 creates exceptions to the offences of procuring a miscarriage and child destruction. This Act makes an abortion legal where the pregnancy is terminated by a registered medical practitioner and where two registered medical practitioners agree that the grounds specified in the Act are satisfied. The legal time limit for most abortions in Great Britain is now 24 weeks. This was reduced from 28 weeks when the Abortion Act 1967 was amended by the Human Fertilisation and Embryology Act 1990. However, there is no time limit where there is a substantial risk that the child will suffer from a serious handicap, or the pregnancy will cause grave permanent injury to the physical or mental health of the mother, or put her life at risk.'
CONSCIENTIOUS OBJECTION
'10. Except where treatment is necessary to save the life of or prevent grave permanent injury to the pregnant woman, "no person shall be under any duty ...... to participate in any treatment authorised by this Act to which he has a conscientious objection". It has been the case that if medical or nursing staff have strong ethical or moral objections to abortion work they should not be obliged to take this on. Their conscientious objection should not be detrimental to their careers and appointments. Further clarity on this clause was provided in a House of Lords judgment in 1988. This found that this exemption does not extend to giving advice, performing preparatory steps to arrange an abortion where the request meets legal requirements and undertaking administration connected with abortion procedures. The General Medical Council (GMC) booklet �Good Medical Practice� states that doctors� views about a patient�s lifestyle or beliefs must not prejudice the treatment they provide or arrange. If they feel their beliefs might affect the treatment, this must be explained to the patient who should be told of their right to see another doctor.'
KEY STATISTICS
'In 2006, for women resident in England and Wales:
� The total number of abortions was 193,700
� Age-standardised abortion rate was 18.2 per 1,000 resident women aged 15-44
� 89% of abortions were carried out at under 13 weeks gestation (a figure that has stayed steady over the last 10 years); 68% were at under 10 weeks
� 87% of abortions were funded by the NHS (55% of these took place in the independent sector under NHS contract, mainly by the providers BPAS and Marie Stopes International)
� 70% of abortions were performed surgically and 30% were medical abortions
� 1% of abortions were performed due to the risk that the child would be born seriously handicapped � 2,948 performed at 20 weeks and over (1.5% of total performed). Of these, 1,262 were performed at 22 weeks and over (0.7% of total performed) and 136 at 24 weeks and over (majority performed due to fetal abnormality). 149 abortions were performed where the woman�s life was at risk or to save the woman�s life.'
1.5 You must adhere to the laws of the country in which you are practising.
2.2 You are personally accountable for ensuring that you promote and protect the interests and dignity of patients and clients, irrespective of gender, age, race, ability, sexuality, economic status, lifestyle, culture and religious or political beliefs.
2.5 You must report to a relevant person or authority, at the earliest possible time, any conscientious objection that may be relevant to your professional practice. You must continue to provide care to the best of your ability until alternative arrangements are implemented.
'All the NMC�s functions, policies, strategies and procedures will be screened and assessed to determine their relevance to meeting the General Duties under the Race, Disability and Gender Equality Duties. As part of the NMCs commitment to implementing an inclusive equality impact assessment process, function and policies,etc, will be assessed to ensure they do not discriminate on the grounds of religion or belief.'
'Direct discrimination, defined in regulation 3(1)(a), occurs where a person is treated less favourably than another on grounds of religion or belief. Indirect discrimination, defined in regulation 3(1)(b), occurs where a provision, criterion or practice, which is applied generally, puts persons of a particular religion or belief at a disadvantage and cannot be shown to be a proportionate means of achieving a legitimate aim. Victimisation, defined in regulation 4, occurs where a person receives less favourable treatment than others by reason of the fact that he has brought (or given evidence in) proceedings, made an allegation or otherwise done anything under or by reference to the Regulations. Harassment, defined in regulation 5, occurs where a person is subjected to unwanted conduct on grounds of religion or belief with the purpose or effect of violating his dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for him.'
THE REACTION OF CCMF AND FEAMC TO THE DRAFT RESOLUTION "ACCESS TO SAFE AND LEGAL ABORTION IN EUROPE " DUE TO BE DISCUSSED AT THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE, STRASBOURG APRIL 16TH 2008
The physicians of the European Federation of Catholic Medical Associations (FEAMC), having read the draft resolution entitled "Access to safe and legal abortion in Europe", due to be discussed at the Parliamentary Assembly of the Council of the Europe on April 16, make the following comments. We
• approve the 1st sentence of Article 1, which "reaffirms that abortion can in no way be considered as a means of family planning," and that it must be avoided. • consider that the sex education of young people should steer them towards a responsible attitude; any trivialization of sexuality may increase the risk of unwanted pregnancies and abortions; • recall - that the "reverence for life" is "the elementary and universal concept of ethics" (1), - that the fetus, coming from two human beings, is not strictly speaking part of the female body, whose role is to carry it and ensure its protection, - and that its elimination cannot be a "right" ; • consider that the assertion of the "right to abortion" risks to trivialize the requests for abortion, and goes against the objective sought in Article 1; • consider that support to pregnant women in difficulty should not be reduced just to the consideration of abortion; • claim that the freedom of conscience of physicians, and medical students, is a fundamental and inalienable right. Therefore, we urge the deputies of the Parliamentary Assembly of the Council of Europe, to reject the document because the harmful effects outweigh the benefits. Pr Josef Marek, President of FEAMC ______________________________________________ (1) Albert Schweitzer, Out of my Life and Thought, Henry Holt, New York 1990
May be performed after 12 weeks if necessary to avoid serious danger to the woman's physical or mental health; if the child is at risk of being born with a serious physical or mental defect; or if the woman is under 14 years of age.
BELGIUM
Availability: On request
Gestational limit: 12 weeks
Conditions: Woman must say she is in a "state of distress".
Abortions allowed at any stage later in pregnancy if two physicians agree there is a serious risk to the health of the mother or that the child has an "extremely serious and incurable disease". The woman must receive counselling at least six days prior to procedure.
BULGARIA
Availability: On request
Gestational limit: 12 weeks
Conditions: Between 12 and 20 weeks, abortion is permitted only if the woman is suffering from a proven, documented case of a disease that could endanger the life of mother or child.
After 20 weeks, abortion is permitted only if the woman's life is in danger or evidence is found of severe foetal impairment.
CYPRUS Availability:On request under certain conditions
Gestational limit: 28 weeks
Conditions: Allowed to save a woman's life, to preserve her mental or physical health or in cases of rape or incest and if the child is likely to be born with serious disabilities. The UN says that although not specified by law, in practice abortion is performed within 28 weeks of gestation.
Anyone caught performing an unlawful abortion is liable to seven years' imprisonment. A woman inducing her own abortion is liable to the same punishment. In practice, terminations are often carried out for social and economic reasons.
CZECH REPUBLIC Availability: On request
Gestational limit: 12 weeks
Conditions: Requires consent of the woman and authorisation by her gynaecologist.
After 12 weeks, pregnancy can be terminated only if the woman's life or health is endangered or in the case of suspected foetal impairment. The procedure must be authorised by a medical commission and performed in a hospital. Therapeutic abortion is permitted up to 26 weeks.
Women who have had an abortion are not allowed another within six months unless they have had two deliveries, are at least 35 years of age or the pregnancy was the result of a rape.
DENMARK Availability: On request
Gestational limit: 12 weeks
Conditions: After 12 weeks, if the pregnancy does not pose a risk to the woman's life or of serious deterioration to her physical or mental health, the abortion must be approved by a committee of four people.
FAROE ISLANDS:
Availability: Under certain conditions
Gestational limit: 16 weeks
Conditions: If there is a risk to life of woman, in cases of rape and severe risk of foetal malformation. If married, consent is required from the husband.
ESTONIA Availability: On request
Gestational limit: 12 weeks
Conditions: After 12 weeks, a woman must undergo a consultation with doctors and the reason for the abortion has to be stated in writing.
Abortions are permitted until 22 weeks for health reasons and certain other reasons, including pregnancy at a very young age (under 16) or over 45 years of age. A woman choosing to have an abortion must pay a larger cost of the abortion than she would if it should be performed on medical grounds.
FINLAND Availability: Under certain conditions
Gestational limit: 20 weeks
Conditions: Abortions permitted up to 12 weeks to save the woman's life, to preserve her mental health, for economic or social reasons or in the cases of rape or incest.
Available up to 20 weeks if there is a risk to the physical health of woman or if she is younger than 17. The procedure can be performed up to 24 weeks if the woman's life is at risk or there is a risk of foetal malformation.